The judgment clashes with a recent verdict which seemed to
define personal information very narrowly, according to a lawyer
specialising in data protection law. Sue Cullen, of Pinsent Masons,
the law firm behind OUT-LAW, said that the Rooney case depended on
a fairly broad definition of personal information.
A previous case had involved an individual, Michael Durant, who
sought to use the Data Protection Act to obtain copies of
information held about himself by the Financial Services Authority
(FSA). Cullen said that in that case the definition of what
constituted personal information was much more narrowly drawn than
in Rooney's case.
"When it was someone looking for information from the FSA it was
a narrow definition: the court said 'no, that is not personal
information'," said Cullen. "But when it is a criminal case
involving misuse of personal data the court used a very wide
definition of personal data, which is interesting."
Rooney worked in human resources for Staffordshire Police where
she had access to personal information about employees which the
force needed for police-related purposes. Rooney's sister was in a
relationship with one of the police officers, Adam Syred.
When that relationship broke down and Syred moved in with
another officer Rooney looked up the couple's address and told her
sister that they had moved to Tunstall. The sister then telephoned
Syred to say that she knew about the move.
Rooney argued that although she had checked the information on
the system it was as part of her duties and that she did not pass
the information on to her sister. A jury at Birmingham Crown Court
convicted her and she appealed. The Criminal Appeals Court has just
dismissed her appeal.
Cullen said that this judgment appeared to clash with that in
the case of Durant, who lost his case in 2003. In that case he
sought copies of information held on him by the FSA. The court
found in the FSA's favour, supporting its case for a narrow
interpretation of what constitutes personal data, and therefore a
lighter information provision burden for organisations.
